TRIPLE DAMAGES DENIED

New Landlord Immediately Refunded Overcharge with Interest

August 24, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered a refund of $37,837 plus interest in the amount of $12,414. The overcharge was based on an outstanding rent reduction order...

No Triple Damages Where Landlord Deregulated Apartment in Error

July 24, 2015    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $15,830, with interest. Landlord and tenant both appealed and lost. Tenant claimed that the overcharge was willful and...

Landlord Must Refund $285,000 for Improperly Deregulated Apartment

July 23, 2015    

Tenants complained of rent overcharge and improper deregulation of their apartment in 2003. The DRA ruled for tenants and ordered landlord to refund $285,000, including interest. Landlord and tenants both appealed...

Failure to Register Apartment in the Past Wasn’t Proof of Fraud

July 20, 2015    

Rent-stabilized tenant complained of rent...

No Triple Damages for Overcharge Based on Rent Freeze

July 19, 2015    

Rent-stabilized tenant complained of rent...

Overcharge Based on 28-Year-Old Rent Reduction Order

June 25, 2015    

Rent-stabilized tenant complained of rent overcharge based...

Landlord Mistakenly Deregulated Apartment in J-51 Building

March 24, 2015    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant after disallowing landlord's claimed individual apartment improvement (IAI) costs. Landlord was ordered to refund $161,643,...

No Triple Damages Where Landlord Made Full Refund

March 23, 2015    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $5,600, including interest. Tenant appealed, claiming that the DRA should have assessed triple damages...

DHCR Incorrectly Notified Landlord That Building Wasn't Rent Stabilized

March 23, 2015    

Rent-stabilized SRO tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,400 plus triple damages. Landlord appealed and won in part. The building was constructed before...

Triple Damages Revoked Upon Reconsideration by DHCR

January 21, 2015    

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., who represented the landlord.)

Fraud Finding Wouldn't Result in Extended Period of Triple Damages

December 22, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,727, including triple damages and interest. Tenant appealed, claiming fraud. She said that triple...

Tenants Can Bring Class Action Based on Unlawful Deregulation and Rent Overcharge

December 18, 2014    

Rent-stabilized tenants in three separate cases sued landlords for reimbursement of rent overcharges and asked that the cases be declared class actions. The court and appeals court ruled for tenants in two cases. In...